 GSU Library
image © Jason PuckettThe Library Copyright Alliance (LCA) filed a “friend of the court” brief (PDF) late yesterday in support of Georgia State University (GSU) in the appeal of Cambridge U. Press et al. v. Mark P. Becker et al. In its brief, LCA argues that GSU’s e-reserves policy is consistent with widespread and well-established best practices for fair use at academic and research libraries, and that these uses have no negative effects on scholarship. LCA was represented by Jonathan Band and attorneys from the Electronic Frontier Foundation. The case is on appeal with the US Court of Appeals for the 11th Circuit.
The US Department of Justice (DOJ) decided not to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On February 22, 2013, the DOJ sent this letter to the court stating that the US Attorney General had decided not to file an amicus brief in the case.
 ltr-doj-re-gsu-ereserves-22feb13.pdf
The US Department of Justice (DOJ) is evaluating whether to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On January 25, 2013, the DOJ requested an extension of the time they have to file an amicus brief.
gsu-extension-motion-usgov-jan2013.pdf
The advent of Massive Open Online Courses raises serious legal questions that in turn pose important and fundamental policy challenges for research libraries. As universities rush to find ways to add courses to emerging MOOC platforms, research libraries are being asked to take on new responsibilities (or new versions of old responsibilities) to support this new mode of teaching and learning. issuebrief-mooc-22oct12.pdf
Before the Court are two motions for judgment on the pleadings and three motions for summary judgment. hathitrust-decision10oct12.pdf
Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights? This document describes specific examples of success with using codes of best practice.
fair-use-codes-success.pdf
On Friday, May 11, 2012, Judge Orinda Evans released her 350-page opinion in the copyright infringement lawsuit against Georgia State University. This memo summarizes the key rulings in the case and discusses some possible consequences for libraries generally. issue-brief-gsu-decision-15may12.pdf
This memo summarizes the key rulings in the Georgia State University (GSU) lawsuit and discusses some possible consequences for libraries generally. memo_gsudirectors_15may12.pdf
Proceedings of the 160th ARL Membership Meeting, May 2012.
mm12sp-butler.pdf
In their motion for partial judgment on the pleadings, Plaintiffs in Authors Guild v. HathiTrust advance a radical and unprecedented interpretation of 17 U.S.C. § 108 that threatens the most routine library operations.
amicus-hathi-trust-20apr12.pdf
Flyer discussing the advantages of an approach to determining fair use that is rooted in professional consensus, rather than (for example) negotiating standards with right holders or consulting legal experts.
fair-use-code-academic-research.pdf
The ability to make reasonable "fair use" of copyrighted material is both economically and culturally important to the enterprise of education. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "educational exceptionalism," for which there is no clear basis in U.S. Copyright law. Instead, they should seek to take advantage of current trends in copyright caselaw, including the marked trend toward preferring uses that are "transformative," where the amount of content used is appropriate to the transformative purpose. Over twenty years, we have accumulated considerable information about what constitutes "transformativeness," and members of the education community are well-positioned to provide persuasive narratives explaining how educational uses significantly repurpose and add value to the copyrighted content they incorporate. Published in Law & Literature, Vol. 24 No. 3 (Fall 2012).
jaszi-education-and-fair-use.pdf
Flyer discussing copyright education and academic integrity codes. Code-brief-copyright-education-2012.pdf
Flyer discussing fair use and the reproduction of material for use by disabled students, faculty, staff, and other appropriate users. Code-brief-chaffee-amendment-2012.pdf
This Note from the Harvard Law Review organizes research on pro-social motivation around the motivation-fostering effects of empowerment, community, and fairness. By incorporating these norms into the cultural architecture of the public domain, we can promote greater information production at less cost than by relying solely on the intellectual property system's traditional tools of exclusion.
fair-use-code-harvard.pdf
Discusses copyright and its problems, why librarians need useable fair use, and the Code of Best Practices in Fair Use for Academic and Research Libraries
fair-use-code-slides-lib.pdf
Discusses why students need to understand fair use, copyright and its problems, how codes of best practices help
fair-use-code-slides-student.pdf
Memorandum from Bernard J. Knight, Jr. discussing the application of the fair use doctrine to the use of non-patent literature (NPL) in the patent examination process. fair-use-code-uspto.pdf
Argues the value of the Code of Fair Use for Academic and Research Libraries to help librarians determine fair use guidelines for their institutions.
fair-use-code-cost-of-conservatism.pdf
RLI issue 275 includes:
- Report of the Task Force on International Interlibrary Loan and Document Delivery Practices
- White Paper: International Interlibrary Loan
- White Paper: US Law and International Interlibrary Loan
- White Paper: Trends in Licensing
This is a code of best practices in fair use devised specifically by and for the academic and research library community. It enhances the ability of librarians to rely on fair use by documenting the considered views of the library community about best practices in fair use, drawn from the actual practices and experience of the library community itself.
A PDF is available here code-of-best-practices-fair-use.pdf
Print copies are also available for $2.00 each plus shipping & handling.
RLI issue 273 includes:
- Three Key Public Policies for Research Libraries: Net Neutrality, Fair Use, Open and Public Access
- The Importance of Net Neutrality to Research Libraries in the Digital Age
- Challenges in Employing Fair Use in Academic and Research Libraries
- Public Access to Federally Funded Research: Contributions to Economic Development, Competitiveness, and Innovation
Terms:2010, Access to Federally Funded Research, Access to Government Information, Copyright, Fair Use, Open Access, Public Access Policies, Publications, Research Library Issues, Telecommunications Policies, Text
RLI issue 270 includes:
- Celebrating 10 Years of ARL’s Initiative to Recruit a Diverse Workforce
- ETDs and Graduate Education: Programs and Prospects
- Urban Copyright Legends
- Open Access Week: Library Strategies for Advancing Change
Presented at the 157th ARL Membership Meeting, October 2010.
 mm10fall-fairuse.mp3
Presented at the 157th ARL Membership Meeting, October 2010.
mm10fall-butler-jaszi.pdf
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